Employee Transferred To 'Unknown Location' In Arunachal Pradesh From University Campus In Gandhinagar: Gujarat High Court Issues Notice

The Gujarat High Court has issued notice to the Rashtriya Raksga University on a plea moved by its Chief Accounts Officer (Class-I), challenging a communication which directs his transfer from the University's Gandhinagar campus to an upcoming campus at an 'unknown location' in Arunachal Pradesh. The employee, claiming to be working on a 'permanent' and 'sanctioned' post has stated that...

'As If Some Gazetted Officers May Not Be Of Much Repute': Calcutta HC Sets Aside Order Requiring Two 'Reputed' Gazetted Officers To Stand As Surety

The Calcutta High Court has recently modified an order issued by the concerned Magistrate in proceedings initiated under Section 110 of the CrPC by underscoring that onerous conditions cannot be put in proceedings requiring execution of bond for good behaviour.Justice Jay Sengupta was adjudicating upon a plea challenging proceedings under Section 110 of the CrPC wherein vide order dated...

Set Up Adequate Number Of Drug Rehabilitation Centres In State: Meghalaya High Court To State Govt

The Meghalaya High Court has asked the state government to set up an adequate number of drug rehabilitation centres in the state with appropriate facilities so that parents, with a child who is afflicted with drug addiction, don't have to look beyond the State for appropriate rehabilitation centres.The Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh issued this order...

Reluctance Of Judges To Conduct Virtual Proceedings Not In Alignment With Tech Advancements, Expected To Ensure System Is Put To Use: Delhi HC

Observing that the Courts have to march in sync with the latest developments in technology, the Delhi High Court has said that the reluctance of the judges to conduct virtual proceedings is not in alignment with the technological advancements. Adding that the system of conducting Court proceedings through video conferencing is being encouraged by the Apex Court as well as the High Court,...

Ensure Strict Compliance With S. 14 SARFAESI Act For Giving Physical Possession Of Secured Asset To Financial Institutions: Allahabad HC To UP Govt

The Allahabad High Court has directed the Chief Secretary of the State of Uttar Pradesh to issue clear directions to all the concerned authorities in the State of Uttar Pradesh to strictly comply with the provisions of Section 14 of the SARFAESI Act, 2002.According to Section 14 of the SARFAESI Act, the banks/financial institutions and reconstruction companies have the right to take possession...

Entitlement Of Employee To Salary/ Pension Is Intrinsic Part Of His Rights To Life & Property Under Articles 21 & 300A: Orissa High Court

The Orissa High Court has held that entitlement of an employee or an ex-employee to his salary or pension, as the case may be, is an intrinsic part of his right to life under Article 21 and right to property under Article 300A of the Constitution. While allowing payment of interest on the arrears of a retired government employee, a Single Bench of Justice Sanjeeb Kumar...

Can't Compel Party To File Documents On Which It Did Not Rely Except For Certain Specific Eventualities Mentioned In CPC: Delhi High Court

The Delhi High Court has observed that no Court can compel a party to file documents on which the party did not choose to rely, save and except in respect of certain specific eventualities for which provisions are contained in the Code of Civil Procedure. Justice C Hari Shankar added that in any litigation, the choice of the documents which are to be brought on record is the sole prerogative...

Delay In Deciding Custody Cases May Prolong Harassment Of Minor Children: Madras High Court

The Madras High Court has observed that while dealing with matters relating to custody of minor children under the Guardians and Wards Act, the Courts have a duty to ensure that minor children are protected and their interests, vision and wishes are preserved to the maximum possible extent, giving them a better life. A Bench of Justices SM Subramaniam and Sathya Narayana Prasad...

Income Tax Penalty Can't Be Imposed For Committing Unintentional Error In Form-16: ITAT

The Pune bench of the Income Tax Appellate Tribunal (ITAT) consisting of S.S. Viswanethra Ravi (Judicial Member) and Inturi Rama Rao (Accountant Member) has ruled that the income tax penalty cannot be imposed for committing an unintentional error on Form-16. The appellant/assessee is an individual who filed a return declaring a total income of Rs. 5,39,360. A notice under section 143(2)...

Employees Should Not Be Permitted To Change Date Of Birth At The Fag End Of Their Service Career: Orissa High Court

The Orissa High Court has held that applications of employees to change their date of birth should not be entertained when they apply for the same at the fag end of their service career. A Single Judge Bench of Justice Sanjeeb Kumar Panigrahi observed, "Apart from the notification and the said guidelines, the Hon'ble Supreme Court in a series of cases have categorically laid down...

Prosecution For Customs Duty Evasion Can't Be Initiated As The Valuation Of The Goods Is Less Than Rs.1 Crore: Delhi High Court

The Delhi High Court has ruled that the prosecution of the petitioner cannot be initiated under Section 135(1)(a) of the Customs Act as valuation of the goods is less than Rs.1 Crore.The single judge bench of Justice Chandra Dhari Singh has observed that the department has not examined any witness to prove its case against the petitioner. The Court below while passing the summoning...

The Objection Regarding The Non-Applicability Of The MSMED Act To 'Works Contract' Is To Be Decided In Arbitration By The MSME Council: Calcutta High Court

The Calcutta High Court held that objections regarding the non-applicability of the MSMED Act to works contract can be decided in arbitration by MSME Council. The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj upheld the order of the Single Bench whereby the petitioner was referred to arbitration before the MSME Council with a direction...